COMMISSIONER OF INCOME-TAX Vs. ABDUL KHALIQUE

JUDGEMENT

(1.) THE question referred to us under Section 256(1) of the I.T. Act, 1961, is as follows :

(2.) THE assessee is an individual and the reference relates to the assessment year 1972 -73. The assessee was served with the notice of demand under Section 210 read with Section 156 of the I.T. Act, 1961, on 22nd November, 1971, requiring the assessee to pay by way of advance tax Rs. 64,549. The first instalment came to Rs. 32,275 which became due on or before 15th December, 1971, and was not paid by the assessee. The ITO, therefore, imposed a penalty under Section 221 of the I.T. Act, 1961, by an order dated. 5th February, 1973, amounting to Rs. 3,200.

(3.) THERE was an appeal from the order of the AAC. The Tribunal in disposing of the appeal observed as follows :